[Rev. 11/21/2013 8:58:53 AM--2013]

CHAPTER 33 - INJUNCTIONS

GENERAL PROVISIONS

NRS 33.010             Cases in which injunction may be granted.

NRS 33.015             Injunction to restrain unlawful act against witness or victim of crime.

ORDERS FOR PROTECTION AGAINST DOMESTIC VIOLENCE

NRS 33.017             Definitions.

NRS 33.018             Acts which constitute domestic violence.

NRS 33.019             Masters: Appointment; qualifications; powers and duties.

NRS 33.020             Requirements for issuance of temporary and extended orders; availability of court; court clerk to inform protected party upon transfer of information to Central Repository.

NRS 33.030             Contents of order; interlocutory appeal.

NRS 33.031             Extended order may prohibit possession of firearm by adverse party; factors for court to consider in determining whether to prohibit possession of firearm; exception; penalty.

NRS 33.033             Requirements for surrender, sale or transfer of firearm in possession of adverse party; law enforcement agency may charge fee for collection and storage of firearm.

NRS 33.035             Extended order to include assignment of income for support of child in certain circumstances.

NRS 33.040             No requirement of action for dissolution of marriage; order does not preclude other action; consolidation with other action.

NRS 33.050             Assessment of court costs and fees; duty of court clerk to assist parties; no charge for certified copy of order for applicant.

NRS 33.060             Notice of order to law enforcement agency; duty to serve and enforce order without charge; no charge for copy of order for applicant and adverse party.

NRS 33.065             Alternative method for serving adverse party at current place of employment; when adverse party deemed served; immunity from liability for employer.

NRS 33.070             Inclusion in order of requirement of arrest; verification of notice to adverse party.

NRS 33.080             Expiration, conversion, modification and dissolution of order; hearing.

NRS 33.085             Order from another jurisdiction: Accorded full faith and credit under certain circumstances; effect of mutual orders; enforcement; effect of not registering order or including order in repository or database; immunity.

NRS 33.090             Order from another jurisdiction: Registration in this State; duties of court clerk; prohibition against notification of adverse party by clerk; no charge for registration, certified copy or service.

NRS 33.095             Duty to transmit information concerning temporary or extended order to Central Repository.

NRS 33.100             Penalty for intentional violation of order.

ORDERS FOR PROTECTION AGAINST HARASSMENT IN WORKPLACE

NRS 33.200             Definitions.

NRS 33.210             “Employee” defined.

NRS 33.220             “Employer” defined.

NRS 33.230             “Order for protection against harassment in the workplace” defined.

NRS 33.240             Acts that constitute harassment in workplace.

NRS 33.250             Verified application for temporary order; contents of application.

NRS 33.260             Notice of intent to seek order to be provided to known target of harassment.

NRS 33.270             Requirements for issuance of temporary or extended order; expiration; right to challenge temporary order; award of costs and attorney’s fees to prevailing party; interlocutory appeal of extended order.

NRS 33.280             Effect of temporary or extended order; court may not issue order against more than one person; contents of order.

NRS 33.290             Order does not preclude other action.

NRS 33.300             Transmittal of copy of order to law enforcement agency; service and enforcement of order; issuance of copies of order.

NRS 33.310             Registration of order; effect of registration; duty of court clerk to maintain record of registered order.

NRS 33.320             Arrest of person who violates order; service of order; duty to note date and time of service on copy of order issued to employer.

NRS 33.330             Immunity for certain persons who enforce or refuse to enforce order.

NRS 33.340             Employer immune from civil liability under certain circumstances; use of actions taken and statements made by employer.

NRS 33.350             Penalty for intentional violation of order.

NRS 33.360             Limitations on effect of provisions.

ORDERS FOR PROTECTION OF CHILDREN

NRS 33.400             Parent or guardian authorized to petition for order on behalf of child; contents of order; appeal of extended order; penalty for violation of order.

NRS 33.410             Petition for order: Deferment of costs and fees; free information concerning order; no fee for serving order.

NRS 33.420             Duration of orders; dissolution or modification of temporary order.

NRS 33.430             Order to be transmitted to law enforcement agencies; arrest for violation; enforcement of order.

NRS 33.440             Parent or guardian to be informed of final disposition of trial upon request; record of restrictions on defendant’s conduct.

_________

GENERAL PROVISIONS

      NRS 33.010  Cases in which injunction may be granted.  An injunction may be granted in the following cases:

      1.  When it shall appear by the complaint that the plaintiff is entitled to the relief demanded, and such relief or any part thereof consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually.

      2.  When it shall appear by the complaint or affidavit that the commission or continuance of some act, during the litigation, would produce great or irreparable injury to the plaintiff.

      3.  When it shall appear, during the litigation, that the defendant is doing or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the plaintiff’s rights respecting the subject of the action, and tending to render the judgment ineffectual.

      [1911 CPA § 195; RL § 5137; NCL § 8693]

      NRS 33.015  Injunction to restrain unlawful act against witness or victim of crime.  Whenever it appears that a defendant or other person is doing, about to do, threatening to do or procuring to be done some act against a victim of a crime or a witness in violation of any provision of NRS 199.230, 199.240 or 199.305, a court of competent jurisdiction may issue an injunction restraining the defendant or other person from the commission or continuance of that act.

      (Added to NRS by 1983, 1683; A 1985, 225)

ORDERS FOR PROTECTION AGAINST DOMESTIC VIOLENCE

      NRS 33.017  Definitions.  As used in NRS 33.017 to 33.100, inclusive, unless the context otherwise requires:

      1.  “Extended order” means an extended order for protection against domestic violence.

      2.  “Temporary order” means a temporary order for protection against domestic violence.

      (Added to NRS by 1985, 2283; A 1997, 1808; 1999, 1372; 2001, 2128; 2003, 1754; 2007, 1275)

      NRS 33.018  Acts which constitute domestic violence.

      1.  Domestic violence occurs when a person commits one of the following acts against or upon the person’s spouse or former spouse, any other person to whom the person is related by blood or marriage, any other person with whom the person is or was actually residing, any other person with whom the person has had or is having a dating relationship, any other person with whom the person has a child in common, the minor child of any of those persons, the person’s minor child or any other person who has been appointed the custodian or legal guardian for the person’s minor child:

      (a) A battery.

      (b) An assault.

      (c) Compelling the other person by force or threat of force to perform an act from which the other person has the right to refrain or to refrain from an act which the other person has the right to perform.

      (d) A sexual assault.

      (e) A knowing, purposeful or reckless course of conduct intended to harass the other person. Such conduct may include, but is not limited to:

             (1) Stalking.

             (2) Arson.

             (3) Trespassing.

             (4) Larceny.

             (5) Destruction of private property.

             (6) Carrying a concealed weapon without a permit.

             (7) Injuring or killing an animal.

      (f) A false imprisonment.

      (g) Unlawful entry of the other person’s residence, or forcible entry against the other person’s will if there is a reasonably foreseeable risk of harm to the other person from the entry.

      2.  As used in this section, “dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.

      (Added to NRS by 1985, 2283; A 1995, 902; 1997, 1808; 2007, 82, 1275)

      NRS 33.019  Masters: Appointment; qualifications; powers and duties.

      1.  In an action to issue, dissolve, convert, modify, register or enforce a temporary or extended order pursuant to NRS 33.017 to 33.100, inclusive, the court may appoint a master to take testimony and recommend orders.

      2.  The master must be an attorney licensed to practice in this State.

      3.  The master shall:

      (a) Take testimony and establish a record; and

      (b) Make findings of fact, conclusions of law and recommendations concerning a temporary or extended order.

      (Added to NRS by 1999, 1372)

      NRS 33.020  Requirements for issuance of temporary and extended orders; availability of court; court clerk to inform protected party upon transfer of information to Central Repository.

      1.  If it appears to the satisfaction of the court from specific facts shown by a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence, the court may grant a temporary or extended order. A temporary or extended order must not be granted to the applicant or the adverse party unless the applicant or the adverse party has requested the order and has filed a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence.

      2.  The court may require the applicant or the adverse party, or both, to appear before the court before determining whether to grant the temporary or extended order.

      3.  A temporary order may be granted with or without notice to the adverse party. An extended order may only be granted after notice to the adverse party and a hearing on the application. A hearing on an application for an extended order must be held within 45 days after the date on which the application for the extended order is filed.

      4.  The court shall rule upon an application for a temporary order within 1 judicial day after it is filed.

      5.  If it appears to the satisfaction of the court from specific facts communicated by telephone to the court by an alleged victim that an act of domestic violence has occurred and the alleged perpetrator of the domestic violence has been arrested and is presently in custody pursuant to NRS 171.137, the court may grant a temporary order. Before approving an order under such circumstances, the court shall confirm with the appropriate law enforcement agency that the applicant is an alleged victim and that the alleged perpetrator is in custody. Upon approval by the court, the signed order may be transmitted to the facility where the alleged perpetrator is in custody by electronic or telephonic transmission to a facsimile machine. If such an order is received by the facility holding the alleged perpetrator while the alleged perpetrator is still in custody, the order must be personally served by an authorized employee of the facility before the alleged perpetrator is released. The court shall mail a copy of each order issued pursuant to this subsection to the alleged victim named in the order and cause the original order to be filed with the court clerk on the first judicial day after it is issued.

      6.  In a county whose population is 52,000 or more, the court shall be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of a temporary order pursuant to subsection 5.

      7.  In a county whose population is less than 52,000, the court may be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of a temporary order pursuant to subsection 5.

      8.  The clerk of the court shall inform the protected party upon the successful transfer of information concerning the registration to the Central Repository for Nevada Records of Criminal History as required pursuant to NRS 33.095.

      (Added to NRS by 1979, 946; A 1985, 2286; 1993, 810; 1995, 902; 1997, 1808; 1999, 1372; 2001, 1214; 2011, 1138)

      NRS 33.030  Contents of order; interlocutory appeal.

      1.  The court by a temporary order may:

      (a) Enjoin the adverse party from threatening, physically injuring or harassing the applicant or minor child, either directly or through an agent;

      (b) Exclude the adverse party from the applicant’s place of residence;

      (c) Prohibit the adverse party from entering the residence, school or place of employment of the applicant or minor child and order the adverse party to stay away from any specified place frequented regularly by them;

      (d) If it has jurisdiction under chapter 125A of NRS, grant temporary custody of the minor child to the applicant;

      (e) Enjoin the adverse party from physically injuring, threatening to injure or taking possession of any animal that is owned or kept by the applicant or minor child, either directly or through an agent;

      (f) Enjoin the adverse party from physically injuring or threatening to injure any animal that is owned or kept by the adverse party, either directly or through an agent; and

      (g) Order such other relief as it deems necessary in an emergency situation.

      2.  The court by an extended order may grant any relief enumerated in subsection 1 and:

      (a) Specify arrangements for visitation of the minor child by the adverse party and require supervision of that visitation by a third party if necessary;

      (b) Specify arrangements for the possession and care of any animal owned or kept by the adverse party, applicant or minor child; and

      (c) Order the adverse party to:

             (1) Avoid or limit communication with the applicant or minor child;

             (2) Pay rent or make payments on a mortgage on the applicant’s place of residence;

             (3) Pay for the support of the applicant or minor child, including, without limitation, support of a minor child for whom a guardian has been appointed pursuant to chapter 159 of NRS or a minor child who has been placed in protective custody pursuant to chapter 432B of NRS, if the adverse party is found to have a duty to support the applicant or minor child;

             (4) Pay all costs and fees incurred by the applicant in bringing the action; and

             (5) Pay monetary compensation to the applicant for lost earnings and expenses incurred as a result of the applicant attending any hearing concerning an application for an extended order.

      3.  If an extended order is issued by a justice court, an interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question. The appeal may be taken without bond, but its taking does not stay the effect or enforcement of the order.

      4.  A temporary or extended order must specify, as applicable, the county and city, if any, in which the residence, school, child care facility or other provider of child care, and place of employment of the applicant or minor child are located.

      5.  A temporary or extended order must provide notice that a person who is arrested for violating the order will not be admitted to bail sooner than 12 hours after the person’s arrest if:

      (a) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;

      (b) The person has previously violated a temporary or extended order for protection; or

      (c) At the time of the violation or within 2 hours after the violation, the person has:

             (1) A concentration of alcohol of 0.08 or more in the person’s blood or breath; or

             (2) An amount of a prohibited substance in the person’s blood or urine that is equal to or greater than the amount set forth in subsection 3 of NRS 484C.110.

      (Added to NRS by 1985, 2284; A 1995, 219; 2001, 1215; 2007, 82, 1013, 1276)

      NRS 33.031  Extended order may prohibit possession of firearm by adverse party; factors for court to consider in determining whether to prohibit possession of firearm; exception; penalty.

      1.  A court may include in an extended order issued pursuant to NRS 33.030:

      (a) A requirement that the adverse party surrender, sell or transfer any firearm in the adverse party’s possession or under the adverse party’s custody or control in the manner set forth in NRS 33.033; and

      (b) A prohibition on the adverse party against possessing or having under the adverse party’s custody or control any firearm while the order is in effect.

      2.  In determining whether to include the provisions set forth in subsection 1 in an extended order, the court must consider, without limitation, whether the adverse party:

      (a) Has a documented history of domestic violence;

      (b) Has used or threatened to use a firearm to injure or harass the applicant, a minor child or any other person; and

      (c) Has used a firearm in the commission or attempted commission of any crime.

      3.  If a court includes the provisions set forth in subsection 1 in an extended order, the court may include a limited exception from the prohibition to possess or have under the adverse party’s custody or control any firearm if the adverse party establishes that:

      (a) The adverse party is employed by an employer who requires the adverse party to use or possess a firearm as an integral part of the adverse party’s employment; and

      (b) The employer will provide for the storage of any such firearm during any period when the adverse party is not working.

      4.  An adverse party who violates any provision included in an extended order pursuant to this section concerning the surrender, sale, transfer, possession, custody or control of a firearm is guilty of a gross misdemeanor. If the court includes any such provision in an extended order, the court must include in the order a statement that violation of such a provision in the order is a gross misdemeanor.

      (Added to NRS by 2007, 1274)

      NRS 33.033  Requirements for surrender, sale or transfer of firearm in possession of adverse party; law enforcement agency may charge fee for collection and storage of firearm.

      1.  If a court orders an adverse party to surrender any firearm pursuant to NRS 33.031, the adverse party shall, not later than 24 hours after service of the order:

      (a) Surrender any firearm in the adverse party’s possession or under the adverse party’s custody or control to the appropriate local law enforcement agency designated by the court in the order;

      (b) Surrender any firearm in the adverse party’s possession or under the adverse party’s custody or control to a person designated by the court in the order; or

      (c) Sell or transfer any firearm in the adverse party’s possession or under the adverse party’s custody or control to a licensed firearm dealer.

      2.  If the court orders the adverse party to surrender any firearm to a local law enforcement agency pursuant to paragraph (a) of subsection 1, the law enforcement agency shall provide the adverse party with a receipt which includes a description of each firearm surrendered and the adverse party shall, not later than 72 hours or 1 business day, whichever is later, after surrendering any such firearm, provide the receipt to the court.

      3.  If the court orders the adverse party to surrender any firearm to a person designated by the court pursuant to paragraph (b) of subsection 1, the adverse party shall, not later than 72 hours or 1 business day, whichever is later, after the adverse party surrenders any firearm to such person, provide to the court and the appropriate local law enforcement agency the name and address of the person designated in the order and a written description of each firearm surrendered to such person.

      4.  If the adverse party sells or transfers any firearm to a licensed firearm dealer that is subject to an order pursuant to paragraph (c) of subsection 1, the adverse party shall, not later than 72 hours or 1 business day, whichever is later, after such sale or transfer, provide to the court and the appropriate local law enforcement agency a receipt of such sale or transfer and a written description of each firearm sold or transferred.

      5.  If there is probable cause to believe that the adverse party has not surrendered, sold or transferred any firearm in the adverse party’s possession or under the adverse party’s custody or control within 24 hours after service of the order, the court may issue and deliver to any law enforcement officer a search warrant which authorizes the law enforcement officer to enter and search any place where there is probable cause to believe any firearm is located and seize the firearm.

      6.  A local law enforcement agency may charge and collect a fee from the adverse party for the collection and storage of a firearm pursuant to this section. The fee must not exceed the cost incurred by the local law enforcement agency to provide the service.

      (Added to NRS by 2007, 1274)

      NRS 33.035  Extended order to include assignment of income for support of child in certain circumstances.

      1.  If a court issues an extended order which includes an order for the support of a minor child, the court shall order the adverse party to assign to the party who obtained the extended order that portion of the income of the adverse party which is due or to become due and is sufficient to pay the amount ordered by the court for the support, unless the court finds good cause for the postponement of the assignment. A finding of good cause must be based upon a written finding by the court that the immediate assignment of income would not be in the best interests of the child.

      2.  An assignment of income ordered pursuant to subsection 1 is subject to the provisions of chapters 31A and 125B of NRS.

      3.  The Division of Welfare and Supportive Services of the Department of Health and Human Services, in consultation with the Office of Court Administrator and other interested governmental entities, shall develop procedures and forms to allow a person to whom an assignment is ordered to be made to enforce the assignment in an expeditious and safe manner.

      (Added to NRS by 2003, 1753)

      NRS 33.040  No requirement of action for dissolution of marriage; order does not preclude other action; consolidation with other action.

      1.  A temporary or extended order may be granted under NRS 33.020 without regard to whether an action for divorce, annulment of marriage or separate maintenance has been filed respecting the applicant and the adverse party.

      2.  A temporary or extended order is in addition to and not in lieu of any other available civil or criminal action. An applicant is not barred from seeking an order because of other pending proceedings.

      3.  An application for a temporary or extended order may be consolidated with another civil action if it would prevent an act of domestic violence.

      (Added to NRS by 1985, 2286)

      NRS 33.050  Assessment of court costs and fees; duty of court clerk to assist parties; no charge for certified copy of order for applicant.

      1.  The payment of all costs and official fees must be deferred for any applicant for a temporary or extended order. After any hearing and no later than final disposition of the application or order, the court shall assess the costs and fees against the adverse party, except that the court may reduce them or waive them, as justice may require.

      2.  The clerk of the court shall provide each party, free of cost, with information about the:

      (a) Availability of temporary and extended orders;

      (b) Procedure for filing an application for an order; and

      (c) Right to proceed without legal counsel.

      3.  The clerk of the court or other person designated by the court shall assist any party in completing and filing the application, affidavit and any other paper or pleading necessary to initiate or respond to an application for a temporary or extended order. This assistance does not constitute the practice of law, but the clerk shall not render any advice or service that requires the professional judgment of an attorney.

      4.  The clerk of the court shall not charge an applicant for a temporary or extended order for providing the applicant with a certified copy of the temporary or extended order.

      (Added to NRS by 1985, 2284; A 1997, 191; 2001, 2128)

      NRS 33.060  Notice of order to law enforcement agency; duty to serve and enforce order without charge; no charge for copy of order for applicant and adverse party.

      1.  The court shall transmit, by the end of the next business day after the order is issued, a copy of the temporary or extended order to the appropriate law enforcement agency which has jurisdiction over the residence, school, child care facility or other provider of child care, or place of employment of the applicant or the minor child.

      2.  The court shall order the appropriate law enforcement agency to serve, without charge, the adverse party personally with the temporary order and to file with or mail to the clerk of the court proof of service by the end of the next business day after service is made. Service of an application for an extended order and the notice of hearing thereon must be served upon the adverse party:

      (a) Pursuant to the Nevada Rules of Civil Procedure; or

      (b) In the manner provided in NRS 33.065.

      3.  A law enforcement agency shall enforce a temporary or extended order without regard to the county in which the order was issued.

      4.  The clerk of the court shall issue, without fee, a copy of the temporary or extended order to the applicant and the adverse party.

      (Added to NRS by 1985, 2285; A 1995, 219; 2001, 2129; 2003, 1754)

      NRS 33.065  Alternative method for serving adverse party at current place of employment; when adverse party deemed served; immunity from liability for employer.

      1.  If the current address where the adverse party resides is unknown and the law enforcement agency has made at least two attempts to personally serve the adverse party at the adverse party’s current place of employment, the law enforcement agency or a person designated by the law enforcement agency may serve the adverse party by:

      (a) Delivering a copy of the application for an extended order, the notice of hearing thereon and a copy of the temporary order to the current place of employment of the adverse party; and

      (b) Thereafter, mailing a copy of the application for an extended order, the notice of hearing thereon and a copy of the temporary order to the adverse party at the adverse party’s current place of employment.

      2.  Delivery pursuant to paragraph (a) of subsection 1 must be made by leaving a copy of the documents specified at the current place of employment of the adverse party with the manager of the department of human resources or another similar person. Such a person shall:

      (a) Accept service of the documents and make a reasonable effort to deliver the documents to the adverse party;

      (b) Identify another appropriate person who will accept service of the documents and who shall make a reasonable effort to deliver the documents to the adverse party; or

      (c) Contact the adverse party and arrange for the adverse party to be present at the place of employment to accept service of the documents personally.

      3.  After delivering the documents to the place of employment of the adverse party, a copy of the documents must be mailed to the adverse party by first-class mail to the place of employment of the adverse party in care of the employer.

      4.  The adverse party shall be deemed to have been served 10 days after the date on which the documents are mailed to the adverse party.

      5.  Upon completion of service pursuant to this section, the law enforcement agency or the person designated by the law enforcement agency who served the adverse party in the manner set forth in this section shall file with or mail to the clerk of the court proof of service in this manner.

      6.  An employer is immune from civil liability for any act or omission with respect to accepting service of documents, delivering documents to the adverse party or contacting the adverse party and arranging for the adverse party to accept service of the documents personally pursuant to this section, if the employer acts in good faith with respect to accepting service of documents, delivering documents to the adverse party or contacting the adverse party and arranging for the adverse party to accept service of the documents personally.

      (Added to NRS by 2003, 1754)

      NRS 33.070  Inclusion in order of requirement of arrest; verification of notice to adverse party.

      1.  Every temporary or extended order must include a provision ordering any law enforcement officer to arrest an adverse party if the officer has probable cause to believe that the adverse party has violated any provision of the order. The law enforcement officer may make an arrest with or without a warrant and regardless of whether the violation occurs in the officer’s presence.

      2.  If a law enforcement officer cannot verify that the adverse party was served with a copy of the application and order, the officer shall:

      (a) Inform the adverse party of the specific terms and conditions of the order;

      (b) Inform the adverse party that the adverse party now has notice of the provisions of the order and that a violation of the order will result in the adverse party’s arrest;

      (c) Inform the adverse party of the location of the court that issued the original order and the hours during which the adverse party may obtain a copy of the order; and

      (d) Inform the adverse party of the date and time set for a hearing on an application for an extended order, if any.

      3.  Information concerning the terms and conditions of the order, the date and time of the notice provided to the adverse party and the name and identifying number of the officer who gave the notice must be provided in writing to the applicant and noted in the records of the law enforcement agency and the court.

      (Added to NRS by 1985, 2285; A 1997, 1809; 2003, 888; 2007, 1277)

      NRS 33.080  Expiration, conversion, modification and dissolution of order; hearing.

      1.  A temporary order expires within such time, not to exceed 30 days, as the court fixes. If an application for an extended order is filed within the period of a temporary order or at the same time that an application for a temporary order is filed, the temporary order remains in effect until the hearing on the extended order is held.

      2.  On 2 days’ notice to the party who obtained the temporary order, the adverse party may appear and move its dissolution or modification, and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.

      3.  An extended order expires within such time, not to exceed 1 year, as the court fixes. A temporary order may be converted by the court, upon notice to the adverse party and a hearing, into an extended order effective for not more than 1 year.

      (Added to NRS by 1985, 2285; A 1999, 1373)

      NRS 33.085  Order from another jurisdiction: Accorded full faith and credit under certain circumstances; effect of mutual orders; enforcement; effect of not registering order or including order in repository or database; immunity.

      1.  Except as otherwise provided in subsection 2, an order for protection against domestic violence issued by the court of another state, territory or Indian tribe within the United States, including, without limitation, any provisions in the order related to custody and support, is valid and must be accorded full faith and credit and enforced by the courts of this state as if it were issued by a court in this state, regardless of whether the order has been registered in this state, if the court in this state determines that:

      (a) The issuing court had jurisdiction over the parties and the subject matter under the laws of the State, territory or Indian tribe in which the order was issued; and

      (b) The adverse party was given reasonable notice and an opportunity to be heard before the order was issued or, in the case of an ex parte order, the adverse party was given reasonable notice and an opportunity to be heard within the time required by the laws of the issuing state, territory or tribe and, in any event, within a reasonable time after the order was issued.

      2.  If the order for protection against domestic violence issued by the court of another state, territory or Indian tribe is a mutual order for protection against domestic violence and:

      (a) No counter or cross-petition or other pleading was filed by the adverse party; or

      (b) A counter or cross-petition or other pleading was filed and the court did not make a specific finding of domestic violence by both parties,

Ê the court shall refuse to enforce the order against the applicant and may determine whether to issue its own temporary or extended order.

      3.  A law enforcement officer shall enforce an order for protection against domestic violence issued by the court of another state, territory or Indian tribe and shall make an arrest for a violation thereof in the same manner that a law enforcement officer would make an arrest for a violation of a temporary or extended order issued by a court of this state unless it is apparent to the officer that the order is not authentic on its face. An officer shall determine that an order is authentic on its face if the order contains:

      (a) The names of the parties;

      (b) Information indicating that the order has not expired; and

      (c) Information indicating that the court which issued the order had legal authority to issue the order as evidenced by a certified copy of the order, a file-stamped copy of the order, an authorized signature or stamp of the court which issued the order or another indication of the authority of the court which issued the order.

Ê An officer may determine that any other order is authentic on its face.

      4.  In enforcing an order for protection against domestic violence issued by the court of another state, territory or Indian tribe or arresting a person for a violation of such an order, a law enforcement officer may rely upon:

      (a) A copy of an order for protection against domestic violence that has been provided to the officer;

      (b) An order for protection against domestic violence that is included in the Repository for Information Concerning Orders for Protection Against Domestic Violence pursuant to NRS 33.095 or in any national crime information database;

      (c) Oral or written confirmation from a law enforcement agency or court in the jurisdiction in which the order for protection against domestic violence was issued that the order is valid and effective; or

      (d) An examination of the totality of the circumstances concerning the existence of a valid and effective order for protection against domestic violence, including, without limitation, the statement of a person protected by the order that the order remains in effect.

      5.  The fact that an order has not been registered or included in the Repository for Information Concerning Orders for Protection Against Domestic Violence in the Central Repository for Nevada Records of Criminal History pursuant to NRS 33.095 or in any national crime information database is not grounds for a law enforcement officer to refuse to enforce the terms of the order unless it is apparent to the officer that the order is not authentic on its face.

      6.  A court or law enforcement officer who enforces an order for protection against domestic violence issued by the court of another state, territory or Indian tribe based upon a reasonable belief that the order is valid or who refuses to enforce such an order based upon a reasonable belief that the order is not valid and the employer of such a law enforcement officer are immune from civil and criminal liability for any action taken or not taken based on that belief.

      (Added to NRS by 2001, 2127)

      NRS 33.090  Order from another jurisdiction: Registration in this State; duties of court clerk; prohibition against notification of adverse party by clerk; no charge for registration, certified copy or service.

      1.  A person may register an order for protection against domestic violence issued by the court of another state, territory or Indian tribe within the United States by presenting a certified copy of the order to the clerk of the court in a judicial district in which the person believes that enforcement may be necessary.

      2.  The clerk of the court shall:

      (a) Maintain a record of each order registered pursuant to this section;

      (b) Provide the protected party with a certified copy of the order registered pursuant to this section bearing proof of registration with the court;

      (c) Forward, by the end of the next business day, a copy of an order registered pursuant to this section to the appropriate law enforcement agency which has jurisdiction over the residence, school, child care facility or other provider of child care, or place of employment of the protected party or the child of the protected party; and

      (d) Inform the protected party upon the successful transfer of information concerning the registration to the Central Repository for Nevada Records of Criminal History as required pursuant to NRS 33.095.

      3.  The clerk of the court shall not:

      (a) Charge a fee for registering an order or for providing a certified copy of an order pursuant to this section.

      (b) Notify the party against whom the order has been made that an order for protection against domestic violence issued by the court of another state, territory or Indian tribe has been registered in this State.

      4.  A person who registers an order pursuant to this section must not be charged to have the order served in this State.

      (Added to NRS by 1985, 2286; A 1997, 1810; 1999, 2063; 2001, 2129)

      NRS 33.095  Duty to transmit information concerning temporary or extended order to Central Repository.  Any time that a court issues a temporary or extended order and any time that a person serves such an order, registers such an order or receives any information or takes any other action pursuant to NRS 33.017 to 33.100, inclusive, the person shall cause to be transmitted, in the manner prescribed by the Central Repository for Nevada Records of Criminal History, any information required by the Central Repository in a manner which ensures that the information is received by the Central Repository by the end of the next business day.

      (Added to NRS by 1997, 1807)

      NRS 33.100  Penalty for intentional violation of order.  A person who intentionally violates a temporary or extended order is guilty of a misdemeanor, unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order.

      (Added to NRS by 1985, 2286; A 1989, 138; 1995, 1014; 1997, 35; 2001 Special Session, 123; 2003, 1515; 2005, 955)

ORDERS FOR PROTECTION AGAINST HARASSMENT IN WORKPLACE

      NRS 33.200  Definitions.  As used in NRS 33.200 to 33.360, inclusive, unless the context otherwise requires, the words and terms defined in NRS 33.210, 33.220 and 33.230 have the meanings ascribed to them in those sections.

      (Added to NRS by 2001, 2843)

      NRS 33.210  “Employee” defined.  “Employee” means a person who is employed by an employer, including, without limitation, an independent contractor.

      (Added to NRS by 2001, 2843)

      NRS 33.220  “Employer” defined.  “Employer” means a public or private employer in this state, including, without limitation, the State of Nevada, an agency of this state and a political subdivision of this state.

      (Added to NRS by 2001, 2843)

      NRS 33.230  “Order for protection against harassment in the workplace” defined.  “Order for protection against harassment in the workplace” means an order issued pursuant to NRS 33.270.

      (Added to NRS by 2001, 2843)

      NRS 33.240  Acts that constitute harassment in workplace.  Harassment in the workplace occurs when:

      1.  A person knowingly threatens to cause or commits an act that causes:

      (a) Bodily injury to the person or another person;

      (b) Damage to the property of another person; or

      (c) Substantial harm to the physical or mental health or safety of a person;

      2.  The threat is made or the act is committed against an employer, an employee of the employer while the employee performs the employee’s duties of employment or a person present at the workplace of the employer; and

      3.  The threat would cause a reasonable person to fear that the threat will be carried out or the act would cause a reasonable person to feel terrorized, frightened, intimidated or harassed.

      (Added to NRS by 2001, 2843)

      NRS 33.250  Verified application for temporary order; contents of application.

      1.  An employer or an authorized agent of an employer who reasonably believes that harassment in the workplace has occurred may file a verified application for a temporary order for protection against harassment in the workplace against the person who allegedly committed the harassment.

      2.  The verified application must include, without limitation:

      (a) The name of the employer seeking the order;

      (b) The name and address, if known, of the person who allegedly committed the harassment in the workplace; and

      (c) A detailed description of the events that allegedly constituted harassment in the workplace and the dates on which these events occurred.

      (Added to NRS by 2001, 2844)

      NRS 33.260  Notice of intent to seek order to be provided to known target of harassment.  If an employer has knowledge that a specific person is the target of harassment in the workplace and the employer intends to seek a temporary or extended order for protection against such harassment, the employer shall make a good faith effort to notify the person who is the target of the harassment that the employer intends to seek such an order.

      (Added to NRS by 2001, 2848)

      NRS 33.270  Requirements for issuance of temporary or extended order; expiration; right to challenge temporary order; award of costs and attorney’s fees to prevailing party; interlocutory appeal of extended order.

      1.  The court may issue a temporary order for protection against harassment in the workplace if it appears to the satisfaction of the court from specific facts shown by a verified application filed pursuant to NRS 33.250 that harassment in the workplace has occurred.

      2.  Except as otherwise provided in subsection 4, a temporary order for protection against harassment in the workplace must not be issued without notice to the person who allegedly committed the harassment. A temporary order for protection against harassment in the workplace must not be issued without the giving of security by the employer in an amount determined by the court to be sufficient to pay for such costs and damages as may be incurred or suffered by the person who allegedly committed the harassment if the person who allegedly committed the harassment is found to have been wrongfully enjoined or restrained.

      3.  The court may require the employer or the person who allegedly committed the harassment, or both, to appear before the court before determining whether to issue the temporary order for protection against harassment in the workplace.

      4.  A court may issue a temporary order for protection against harassment in the workplace without written or oral notice to the person who allegedly committed the harassment or the person’s attorney only if:

      (a) A verified application is accompanied by an affidavit that contains specific facts which clearly show that immediate and irreparable injury, loss or damage will result to the employer, an employee of the employer while the employee performs the duties of the employee’s employment or a person who is present at the workplace of the employer before the person who allegedly committed the harassment or the person’s attorney can be heard in opposition; and

      (b) The employer and the employer’s attorney, if any, set forth in the affidavit:

             (1) The efforts, if any, that have been made to give notice to the person who allegedly committed the harassment; and

             (2) The facts supporting waiver of notice requirements.

      5.  A temporary order for protection against harassment in the workplace that is granted, with or without notice, must expire not later than 15 days after the date on which the order is issued, unless extended pursuant to subsections 6 and 7.

      6.  If a temporary order for protection against harassment in the workplace is granted, with or without notice, the employer or the employer’s authorized agent may apply for an extended order for protection against harassment in the workplace by filing a verified application for an extended order for protection against harassment in the workplace. If such an application is filed, the temporary order remains in effect until the hearing on the application for an extended order is held. The application must:

      (a) In addition to the information required by subsection 2 of NRS 33.250, set forth the facts that provide the basis for granting an extended order for protection against harassment in the workplace;

      (b) Be filed before the expiration of the temporary order for protection against harassment in the workplace;

      (c) Be heard as soon as reasonably possible and not later than 10 days after the date on which the application is filed with the court unless the court determines that there are compelling reasons to hold the hearing at a later date; and

      (d) Be dismissed if the court finds that the temporary order for protection against harassment in the workplace which is the basis of the application has been dissolved or has expired.

      7.  At the hearing on an application filed pursuant to subsection 6, the employer must present evidence sufficient to support the granting of the application for an extended order for protection against harassment in the workplace. At the hearing, the court may:

      (a) Dissolve or modify the temporary order for protection against harassment in the workplace; or

      (b) Grant an extended order for protection against harassment in the workplace.

      8.  If granted, an extended order for protection against harassment in the workplace expires within such time, not to exceed 1 year, as the court fixes.

      9.  Upon 2 days’ notice to an employer who obtained a temporary order for protection against harassment in the workplace without notice or on such shorter notice to the employer as the court may prescribe, the person who allegedly committed the harassment may appear and move the dissolution or modification of the temporary order for protection against harassment in the workplace. Upon the filing of such a motion, the court shall proceed to hear and determine the motion as expeditiously as the ends of justice require. At the hearing, the court may dissolve, modify or extend the order.

      10.  The court may award costs and reasonable attorney’s fees to the prevailing party in a matter brought pursuant to this section.

      11.  If a court issues an extended order for protection against harassment in the workplace, an interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question. The appeal may be taken without bond, but its taking does not stay the effect or enforcement of the order.

      (Added to NRS by 2001, 2844; A 2005, 955)

      NRS 33.280  Effect of temporary or extended order; court may not issue order against more than one person; contents of order.

      1.  A temporary or extended order for protection against harassment in the workplace may:

      (a) Enjoin the person who allegedly committed the harassment from contacting the employer, an employee of the employer while the employee is performing the employee’s duties of employment and any person while the person is present at the workplace of the employer;

      (b) Order the person who allegedly committed the harassment to stay away from the workplace of the employer; and

      (c) Order such other relief as the court deems necessary to protect the employer, the workplace of the employer, the employees of the employer while performing their duties of employment and any other persons who are present at the workplace.

      2.  A court may not issue a temporary or extended order for protection against harassment in the workplace that is against more than one person.

      3.  A temporary or extended order for protection against harassment in the workplace must:

      (a) Specify, as applicable, the county and city, if any, in which the workplace of the employer is located and in which the employees of the employer perform their duties of employment;

      (b) Include a provision ordering any law enforcement officer to arrest the person who allegedly committed the harassment, with or without a warrant, if the officer has probable cause to believe that the person has been served with a copy of the order and has violated a provision of the order;

      (c) State the reasons for granting the order; and

      (d) Include the following statement:

 

WARNING

This is an official court order. If you disobey this order, you may be arrested and prosecuted for the crime of violating an order for protection against harassment in the workplace and any other crime that you may have committed in disobeying this order.

 

      4.  In addition to the requirements of subsection 3, if the court granted a temporary order for protection against harassment in the workplace without notice, the order must:

      (a) Include a statement that the person who allegedly committed the harassment is entitled to a hearing on the order pursuant to NRS 33.270;

      (b) Include the name and address of the court in which the petition for a hearing may be filed;

      (c) Contain the date and hour of issuance;

      (d) Be immediately filed with the clerk of the court;

      (e) Define the irreparable injury, loss or damage resulting from the harassment and state why it is irreparable; and

      (f) Set forth the reasons for granting the order without notice.

      (Added to NRS by 2001, 2845)

      NRS 33.290  Order does not preclude other action.  A temporary or extended order for protection against harassment in the workplace is in addition to and not in lieu of any other available civil or criminal action. An employer is not barred from seeking an order because of other pending proceedings.

      (Added to NRS by 2001, 2846)

      NRS 33.300  Transmittal of copy of order to law enforcement agency; service and enforcement of order; issuance of copies of order.

      1.  A court shall transmit, by the end of the next business day after a temporary or extended order for protection against harassment in the workplace is issued, a copy of the order to the appropriate law enforcement agency that has jurisdiction over the workplace of the employer or the areas in which the employees of the employer perform their duties of employment.

      2.  The court may order the appropriate law enforcement agency to serve the person who allegedly committed the harassment personally with the order if it finds that such service is necessary to avoid an act of violence and to file with or mail to the clerk of the court proof of service by the end of the next business day after service is made. Service of an application for an order, the notice of hearing thereon and the order must be served upon the person who allegedly committed the harassment pursuant to the Nevada Rules of Civil Procedure.

      3.  A law enforcement agency shall enforce a temporary or extended order for protection against harassment in the workplace without regard to the county in which the order was issued.

      4.  The clerk of the court that issued a temporary or extended order for protection against harassment in the workplace shall issue a copy of the order to the employer who requested the order and the person who allegedly committed the harassment.

      (Added to NRS by 2001, 2846)

      NRS 33.310  Registration of order; effect of registration; duty of court clerk to maintain record of registered order.

      1.  An employer or an authorized agent of an employer may register a temporary or extended order for protection against harassment in the workplace issued by the court of another state by presenting a certified copy of the order to the clerk of the court in a judicial district in which the employer believes that enforcement may be necessary.

      2.  A temporary or extended order for protection against harassment in the workplace that is registered has the same effect and must be enforced in like manner as such an order issued by a court of this state.

      3.  The clerk of the court shall maintain a record of each order registered pursuant to this section.

      (Added to NRS by 2001, 2847)

      NRS 33.320  Arrest of person who violates order; service of order; duty to note date and time of service on copy of order issued to employer.

      1.  Whether or not a violation occurs in the presence of a law enforcement officer, the officer may, with or without a warrant, arrest and take into custody a person if the officer has probable cause to believe that:

      (a) An order has been issued pursuant to NRS 33.270 against the person;

      (b) The person has been served with a copy of the order; and

      (c) The person is acting in violation of the order.

      2.  If a law enforcement officer cannot verify that the person was served with a copy of the order and the officer is at the workplace of the employer, the officer shall serve the person with a copy of the order if a copy is available.

      3.  A law enforcement officer who serves a person with a copy of an order pursuant to subsection 2 shall note the date and time of such service on the copy of the order that was issued to the employer.

      (Added to NRS by 2001, 2847)

      NRS 33.330  Immunity for certain persons who enforce or refuse to enforce order.

      1.  A court, a law enforcement officer or any other person who enforces a temporary or extended order for protection against harassment in the workplace based upon a reasonable belief that the order is valid is immune from civil and criminal liability for any action taken based upon that belief.

      2.  A court, a law enforcement officer or any other person who refuses to enforce a temporary or extended order for protection against harassment in the workplace based upon a reasonable belief that the order is not valid is immune from civil and criminal liability for any action taken or not taken based upon that belief.

      3.  The employer of a law enforcement officer who enforces a temporary or extended order for protection against harassment in the workplace based upon a reasonable belief that the order is valid or who refuses to enforce such an order based upon a reasonable belief that the order is not valid is immune from civil and criminal liability for any action taken or not taken by the law enforcement officer based upon that belief.

      (Added to NRS by 2001, 2847)

      NRS 33.340  Employer immune from civil liability under certain circumstances; use of actions taken and statements made by employer.

      1.  An employer is immune from civil liability for:

      (a) Seeking a temporary or extended order for protection against harassment in the workplace, if the employer acts in good faith in seeking the order; or

      (b) Failing to seek a temporary or extended order for protection against harassment in the workplace.

      2.  An action taken or a statement made by an employer pursuant to NRS 33.200 to 33.360, inclusive:

      (a) Shall not be deemed an admission by the employer of any fact; and

      (b) May be used for the purposes of impeachment.

      (Added to NRS by 2001, 2848)

      NRS 33.350  Penalty for intentional violation of order.  A person who intentionally violates a temporary or extended order for protection against harassment in the workplace is guilty of a misdemeanor, unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order.

      (Added to NRS by 2001, 2848; A 2005, 956)

      NRS 33.360  Limitations on effect of provisions.  The provisions of NRS 33.200 to 33.360, inclusive, do not:

      1.  Modify the duty of an employer to provide a safe workplace for the employees of the employer and other persons present at the workplace of the employer;

      2.  Prohibit a person from engaging in any constitutionally protected exercise of free speech, including, without limitation, speech involving labor disputes concerning organized labor; or

      3.  Prohibit a person from engaging in any activity which is part of a labor dispute.

      (Added to NRS by 2001, 2848)

ORDERS FOR PROTECTION OF CHILDREN

      NRS 33.400  Parent or guardian authorized to petition for order on behalf of child; contents of order; appeal of extended order; penalty for violation of order.

      1.  In addition to any other remedy provided by law, the parent or guardian of a child may petition any court of competent jurisdiction on behalf of the child for a temporary or extended order against a person who is 18 years of age or older and who the parent or guardian reasonably believes has committed or is committing a crime involving:

      (a) Physical or mental injury to the child of a nonaccidental nature; or

      (b) Sexual abuse or sexual exploitation of the child.

      2.  If such an order on behalf of a child is granted, the court may direct the person who allegedly committed or is committing the crime to:

      (a) Stay away from the home, school, business or place of employment of the child and any other location specifically named by the court.

      (b) Refrain from contacting, intimidating, threatening or otherwise interfering with the child and any other person specifically named by the court, who may include, without limitation, a member of the family or the household of the child.

      (c) Comply with any other restriction which the court deems necessary to protect the child or to protect any other person specifically named by the court, who may include, without limitation, a member of the family or the household of the child.

      3.  If a defendant charged with committing a crime described in subsection 1 is released from custody before trial or is found guilty or guilty but mentally ill during the trial, the court may issue a temporary or extended order or provide as a condition of the release or sentence that the defendant:

      (a) Stay away from the home, school, business or place of employment of the child against whom the alleged crime was committed and any other location specifically named by the court.

      (b) Refrain from contacting, intimidating, threatening or otherwise interfering with the child against whom the alleged crime was committed and any other person specifically named by the court, who may include, without limitation, a member of the family or the household of the child.

      (c) Comply with any other restriction which the court deems necessary to protect the child or to protect any other person specifically named by the court, who may include, without limitation, a member of the family or the household of the child.

      4.  A temporary order may be granted with or without notice to the adverse party. An extended order may be granted only after:

      (a) Notice of the petition for the order and of the hearing thereon is served upon the adverse party pursuant to the Nevada Rules of Civil Procedure; and

      (b) A hearing is held on the petition.

      5.  If an extended order is issued by a justice court, an interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question. The appeal may be taken without bond, but its taking does not stay the effect or enforcement of the order.

      6.  Unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order, any person who intentionally violates:

      (a) A temporary order is guilty of a gross misdemeanor.

      (b) An extended order is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      7.  Any court order issued pursuant to this section must:

      (a) Be in writing;

      (b) Be personally served on the person to whom it is directed; and

      (c) Contain the warning that violation of the order:

             (1) Subjects the person to immediate arrest.

             (2) Is a gross misdemeanor if the order is a temporary order.

             (3) Is a category C felony if the order is an extended order.

      (Added to NRS by 2003, 806; A 2005, 957; 2007, 1428)

      NRS 33.410  Petition for order: Deferment of costs and fees; free information concerning order; no fee for serving order.

      1.  The payment of all costs and official fees must be deferred for any person who petitions a court for a temporary or extended order pursuant to NRS 33.400. After any hearing and not later than final disposition of such an application or order, the court shall assess the costs and fees against the adverse party, except that the court may reduce them or waive them, as justice may require.

      2.  The clerk of the court shall provide a person who petitions the court for a temporary or extended order pursuant to NRS 33.400 and the adverse party, free of cost, with information about the:

      (a) Availability of temporary and extended orders pursuant to NRS 33.400;

      (b) Procedure for filing an application for such an order; and

      (c) Right to proceed without legal counsel.

      3.  A person who obtains an order pursuant to NRS 33.400 must not be charged any fee to have the order served in this state.

      (Added to NRS by 2003, 807)

      NRS 33.420  Duration of orders; dissolution or modification of temporary order.

      1.  A temporary order issued pursuant to NRS 33.400 expires within such time, not to exceed 30 days, as the court fixes. If a petition for an extended order is filed within the period of a temporary order, the temporary order remains in effect until the hearing on the extended order is held.

      2.  On 2 days’ notice to the party who obtained the temporary order, the adverse party may appear and move its dissolution or modification, and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.

      3.  An extended order expires within such time, not to exceed 1 year, as the court fixes. A temporary order may be converted by the court, upon notice to the adverse party and a hearing, into an extended order effective for not more than 1 year.

      (Added to NRS by 2003, 808)

      NRS 33.430  Order to be transmitted to law enforcement agencies; arrest for violation; enforcement of order.

      1.  Each court that issues an order pursuant to NRS 33.400 shall transmit, as soon as practicable, a copy of the order to all law enforcement agencies within its jurisdiction. The copy must include a notation of the date on which the order was personally served upon the person to whom it is directed.

      2.  A peace officer, without a warrant, may arrest and take into custody a person when the peace officer has probable cause to believe that:

      (a) An order has been issued pursuant to NRS 33.400 to the person to be arrested;

      (b) The person to be arrested has been served with a copy of the order; and

      (c) The person to be arrested is acting in violation of the order.

      3.  Any law enforcement agency in this State may enforce a court order issued pursuant to NRS 33.400.

      (Added to NRS by 2003, 808; A 2005, 958)

      NRS 33.440  Parent or guardian to be informed of final disposition of trial upon request; record of restrictions on defendant’s conduct.

      1.  Upon the request of the parent or guardian of a child, the prosecuting attorney in any trial brought against a person for a crime described in subsection 1 of NRS 33.400 shall inform the parent or guardian of the final disposition of the case.

      2.  If the defendant is found guilty or guilty but mentally ill and the court issues an order or provides a condition of the defendant’s sentence restricting the ability of the defendant to have contact with the child against whom the crime was committed or witnesses, the clerk of the court shall:

      (a) Keep a record of the order or condition of the sentence; and

      (b) Provide a certified copy of the order or condition of the sentence to the parent or guardian of the child and other persons named in the order.

      (Added to NRS by 2003, 808; A 2007, 1429)